Cara Passaro and Bailey Stubbe Prevail on Motion for Summary Judgment in a Nuisance Case

Ms. Passaro and Ms. Stubbe were defending homeowners who had constructed a substantial addition to their lake home pursuant to a variance.  The adjoining neighbors brought a Nuisance claim arguing that the addition (that had been completed years before) blocked their lake views, and was constructed in a manner that violated the variance conditions.  Those neighbors sought injunctive relief, including removal of the addition, despite the fact that the City Administrator confirmed that the addition complied with the variance.  The trial court found that the Plaintiffs’ Nuisance claim failed as a matter of law and was subject to dismissal.